Design Patent PTO Litigation Statistics (through July 1, 2017)

Tuesday, August 1, 2017

The statistics below reveal the current trends on proceeding breakdowns, institution rates, and outcomes of design patent PTO litigation. Since February 2017, with 13 additional design patent institution decisions the institution rate has remained relatively steady at 40% (from 37%), still significantly lower than the overall institution rate.

Year

IPR

PGR

Grand Total

2012

1

1

2013

5

5

2014

4

4

2015

3

3

2016

17

4

21

2017

7

1

8

Grand Total

37

5

42

II. Institution Rates/Case Statuses

The institution rate for design patents, for both claims and proceedings, is 40% (16/40).

For cases overall, the proceeding institution rate is 70%, and the claim institution rate is 62%.

Here is a breakdown of the current case statuses for all of the design cases:

Status

Total

Final Written Decision

8

Instituted

8

Institution Denied

24

Pending

1

Settled Prior to Institution

1

Grand Total

42

III. Final Written Decision (FWD) Outcomes

A. Claim Cancellation Rate

The instituted claim has been cancelled in 6 of 8 design FWDs (75%). The overall claim cancellation rate is 79%.

Mark Rygiel, a director in the Mechanical Group, counsels a broad spectrum of entities ranging from large multi-national companies to small start-ups in developing IP strategies and protecting new technologies. Mr. Rygiel specializes in obtaining utility and design patent protection for cutting edge technologies in the consumer product, vehicle system, medical device, manufacturing, and e-commerce industries. His practice also focuses on complex post-grant proceedings at the USPTO, analyzing patents for validity, infringement, and freedom-to-operate issues and providing related opinions...

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